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BROWN v. VANCHIERI

64 A.D.3d 678 (2009)

881 N.Y.S.2d 909

ELI BROWN, Appellant, v. JACK VANCHIERI et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided July 21, 2009.

Ordered that the order is affirmed, with costs.

Where, as here, an action on the trial calendar is dismissed pursuant to 22 NYCRR 202.27 (b), the dismissal of the action may be vacated, and the action restored to the trial calendar, only if the plaintiff can demonstrate both a reasonable excuse for the default and a meritorious cause of action (see CPLR 5015 [a] [1]; Santiago v Santana, 54 A.D.3d 929, 930 [2008]; ...

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